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Donation, swap and sale contracts

Table of contents:

Anonim

Regarding the author's purpose in the donation contract, it is the means by which a person transmits a good to another who is called a grantee, thus the main objective of said contract is the transmission of property for free, from a present good, also said donation contract can have the characteristic of being instantly when the donated good is given and accepted, in a single act, with the exception of those donations that are carried out and at the time of the conclusion of the contract the good is not delivered but is subsequent.

Donation contract

It is the legal act by virtue of which a person called a donor, transfers free to another called donor, and the domain over a thing, and it accepts it. It is therefore a unilateral, consensual and free contract.

Regarding the development of the topic.

Author's conclusion

In the donation contract, the author gives us to understand that it is the way in which one of the parties transmits a part of all his present goods, in addition to the fact that there must be consent from the person who will receive the property, reason for the donation and Said donation contract establishes an obligation for the donor who must keep the donor free of charge.

Personal conclusion

I consider that this donation contract is the means of transmitting a good free of charge, but with obligations for the parties despite being a donation, in which one of the parties must help the donor in case of poverty, in the future, and that said donation may also be revoked, in addition. The Donation Contract is a contract whereby a person known as a donor, transfers all or part of her property for free to another known as a donor.

Swap contract

Regarding the author's purpose, in the swap contract, the parties agree to transfer the property in exchange for another, as in every contract, there must be consent, for the transfer of the property and as for the object must be determinable by reason of its kind, it should be noted that said swap contract is nothing more than a barter of one thing for another; From a legal point of view, the contract has been configured since the parties have promised to reciprocally transfer ownership of two things.

Regarding the development of the topic

Distinction between a swap contract and a buy-sell contract

Author's conclusion.

Contract-exchange

The swap is a contract under which each party agrees to transfer ownership of one thing or change of another, where ownership is transferred, that the swap is the direct exchange of one thing for another.

Personal conclusion

The swap is a contract by virtue of which each of the parties agrees to transfer the ownership of one thing or change of another, where the property is transferred.

The promise of contract

It is worth mentioning that the author's purpose indicates that the promise of the contract is considered as a preparatory contract, in which two parties are obligated to enter into a future contract, whether it is the purchase of a car or the rental of any premises, existing The main element is the consent of the parties that is translated into the will, in the promise to contract something in the future, which must be reflected in writing and with the formalities of law.

As regards the very general parameters of the promise of contract, it is important to mention that Spanish doctrine; states that said promise to contract is an accessory contract, given its nature since it needs a future contract and a guarantee contract, thus the parties will be obliged to commit to the conclusion of a contract in the future and not only verbally but in writing, which establishes the benefits and obligations that the parties involved in the conclusion of the contract will subsequently celebrate.

It is also worth mentioning that the promise of contract in terms of its nature is considered as the base contract in which there must be characteristics of this promise that will be established in the future contract, in addition to the fact that there will be parties that will intervene in the conclusion of the contract that they are called promisor and the other beneficiary party so if both parties bind each other they will be called promisors.

As regards the development of the theme "the promise to hire".

Author's conclusion

The author indicates that the promise to contract is the preparatory contract by which the parties commit to the conclusion of a future contract, within a certain period of time and that they must comply with the elements of validity, consent, possible object Free of vices, the parties must also be able to contract, that is, that the elements of validity are met, and above all that it be in writing.

Personal conclusion

The promise of contract is a means by which the parties mutually oblige each other to enter into a future contract which must be in writing and with the formalities required by law for its conclusion and compliance, as well as a possible sanction if not It will be held unless otherwise agreed.

I believe that the promise of contract is a pre-contract for the transmission of some future right in which the parties are bound and I consider that it is something that should be given more in practice to avoid many endless conflicts.

Bibliography

Civil contracts

Sánchez Medal Ramón

Edition 21.

Editorial Porrúa.

Civil code for the State of Tlaxcala.

Editorial Cajica

Ninth Edition.

Political Constitution of the United Mexican States

Author Miguel Carbonell

Editorial Porrúa

15A edition..

Donation, swap and sale contracts